10th February 2017 Anna Rogers comments in the Financial Times on landmark legal ruling on survivors’ pensions

Unmarried people who were denied survivors’ pensions after the death of a partner may want to appeal against the decision, following a landmark legal ruling this week.

The Supreme Court upheld the claim of a woman who was denied access to a public sector pension after her long-term partner’s sudden death in 2009 because her partner had not completed a nomination form.

Commenting on the matter, Anna Rogers said, “It seems to me that people whose claims have failed in the past for lack of a nomination form should reopen them.”

“The likelihood is that all such public sector schemes will now be forced to revisit past refusals to pay survivors’ pensions to cohabitees where that refusal was based on the lack of a completed nomination form.”

“There are no particular formalities for appealing. If they are turned down the next step is to ask for the scheme’s internal dispute resolution form. If that process is completed without success the claimant can apply to the Pensions Ombudsman. Trustees may be constrained by what their rules say, and the legal advice they get.”

The views in this article are intended for general information purposes only and should not be used as a substitute for professional advice. ARC Pensions Law and the author(s) are not responsible for any direct or indirect result arising from any reliance placed on content, including any loss, and exclude liability to the full extent. Always seek appropriate legal advice from a suitably qualified lawyer before taking, or avoiding taking, any action. If you have any questions on the points raised in the above, please do not hesitate to get in touch.